The Federal False Claims Act –the Government’s Enforcement Tool: Is Your Organization at Risk?

Duration: 60 Minutes
Recent cases and/or enforcement actions involving the FCA raise serious concerns regarding compliance issues with hospital, physician practices and other healthcare entities. Recoveries under the FCA are at an all-time high, and the percentage of actions involving healthcare organizations has been increasing at exponential rates.
Federal False Claims Act
Product ID: 500205

The program will provide an overview of the Federal Civil False Claims Act (FCA), an assessment of enforcement activities, show how participants may be at risk, and will review recent cases and show how they potentially impact participants. We will start with a review of the Federal False Claims Act, how it works, and how it is being used to fight health care fraud. We will discuss how the various health care fraud task forces use the Federal False Claims Act to identify and prosecute health care fraud. The program will take the FCA to show step by step how an action is filed. It will show how the government responds and how the courts interpret various elements of the FCA, discussing proof, damages under the FCA and how a whistleblower is rewarded for bringing a successful case. Retaliation will be discussed, along with and how the whistleblower is protected from retaliation under the FCA.

How the FCA is being used in the health care arena will be discussed. Finally, the webinar will review various cases to show how easy it is to run afoul of the FCA and how the courts view compliance with it.

Why Should you Attend:
This session is designed for health care executives, physicians, other health care providers who participate in and receive remuneration from Medicare, Medicaid, and other federal health care programs such as TriCare, and the attorneys and consultants who advise them. The health care executive, physician or other health care provider, should be very concerned about the potential for enforcement actions under the FCA. This is important because under recently enacted health care laws, enforcement and health care fraud task forces have been greatly enhanced. Recovery under the FCA last year resulted in over $4.9 billion being recovered for the federal government, $24.2 billion since the law was revised to make it more relator friendly in 1986.

Since 1986, whistleblowers have been awarded nearly $4 billion, with $439 million in awards in fiscal year 2012. And whistleblowers are where a majority of the FCA suits originate. Several recent cases involving healthcare providers have resulted in huge settlements. If that is not enough to get your attention, consider the recent cases finding that the “responsible corporate officer doctrine” allows the government to hold hospital CEOs and others directly responsible for the fraud. In a recent case, executives paid $1 million to settle allegations of fraud and were excluded from participation in federal health care programs.

You will want to attend this webinar to learn how to protect yourself and your organization.

Objectives of the Presentation:
To provide attendees with an understanding of the False Claims Act, its various elements, how it works, and how to protect one’s organization from this potent enforcement tool.

Who can Benefit:
  • Hospital executives, particularly CEOs, COOs, CFOs, CNOs, and CMOs
  • Nursing home executives
  • Physicians
  • Physician practice managers
  • Other healthcare provider executives
  • Attorneys representing health care providers and practitioners.
$300
Recorded Session for one participant
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Instructor Profile:
William Mack Copeland, MS, JD, PhD, LFACHE, practices health care law in Cincinnati at the firm of Copeland Law, LLC, where he is the president and the CEO. He is also the president of the Executive & Managerial Development Group, a consulting entity providing compliance and other fraud and abuse related services. A graduate of Northern Kentucky University Salmon P. Chase College of Law, Bill is a frequent author and speaker on health law topics. He is a member of the American Health Lawyers Association, American, Ohio and Cincinnati Bar Associations. A former hospital chief executive officer, he is a life fellow in the American College of Healthcare Executives. He was awarded the American College of Health Care Executives Senior-Level Healthcare Executive Regent's Award in 2007.
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